RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01938
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to reflect a separation code and reenlistment
eligibility (RE) code other than “JBK” and “4H”, respectively.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He received an Article 15 six months prior to his separation but feels
he was not discharged because of the Article 15. He was able to
separate during the force reshaping that was going on at the time
period. His flight chief felt it necessary to give him the codes
mentioned above because of personal and unprofessional feelings his
supervisor had toward him. Since his separation, he has shown himself
to be an upstanding citizen and very committed to his country. He
would like to continue to serve as a civilian for the Department of
Defense (DOD). His current job as a civilian entails the same duties
as his Air Force Specialty (AFS) in the Air Force. He feels it is
unjust that one man’s personal opinion could prevent him from serving
his country. His goal is to join the Air Force Reserve.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 25 September 2001. He
was progressively promoted to the grade of senior airman (SRA). On 3
May 2004, he was punished with an Article 15 for violation of Articles
86 (Absent without leave), 92 (Failure to obey an order or regulation)
and 107 (False official statement) of the Uniform Code of Military
Justice (UCMJ). The applicant was reduced in grade from SRA to
Airman, with reduction below airman first class (A1C) suspended until
2 November 2004, unless sooner remitted. His new date of rank (DOR)
for A1C was 3 May 2004. He also received a letter of reprimand (LOR).
He was separated under the provisions of the Military Personnel
Flight Memorandum (MPDMD) 04-05 under the Force Shaping Date of
Separation (DOS) Rollback program. Specifically, he was serving on a
suspended punishment pursuant to an Article 15 at the time of his
separation. Therefore his RE code was established as “4H”, Serving
suspended punishment pursuant to Article 15, UCMJ. His SPD code was
established as “JBK”, Completion of Required Service. He was
honorably discharged on 15 September 2004 after having served for 2
years, 11 months, and 21 days.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAE recommends denial. DPPAE states he was serving the
suspended portion of the nonjudicial punishment when he separated.
Therefore the RE code is correct.
DPPAE’s complete evaluation, with attachment, is at Exhibit C.
AFPC/DPPRS recommends denial. DPPRS states the DOS Rollback Program
allowed commanders to accelerate the DOS of airmen with specific RE
codes. The applicant met the eligibility criteria to be separated
under the fiscal year 2004 (FY04) Force Shaping Program of having an
RE code of either 2X, 4H or 4I. He also had less than 14 years of
total active service at the time of his separation. In accordance
with Air Force Instruction (AFI) 36-3208, “Airmen separating with RE
code 4H or 4I will be separated with SPD code JBK.” He was serving on
a suspended punishment pursuant to an Article 15 at the time of his
separation thereby validating the SPD and RE code he received.
Further, the discharge was within the discretion of the discharge
authority and the applicant did not submit any evidence or identify
any errors or injustices that occurred in the discharge processing.
He provided no facts warranting a change to his SPD code.
DPPRS’s complete evaluation, with attachments, is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
17 August 2007 for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinions and recommendations of the Air
Force offices of primary responsibility and adopt their rationale as
the basis for our conclusion that the applicant has not been the
victim of an error or injustice. Therefore, in the absence of
evidence to the contrary, we find no compelling basis to recommend
granting the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2007-01938 in Executive Session on 20 September 2007, under the
provisions of AFI 36-2603:
Mr. Christopher D. Carey, Panel Chair
Mr. Gregory A. Parker, Member
Mr. James L. Sommer, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 June 2007.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAE, dated 9 July 2007, w/atch.
Exhibit D. Letter, AFPC/DPPRS, dated 17 July 2007, w/atchs.
Exhibit E. Letter, SAF/MRBR, dated 17 August 2007.
CHRISTOPHER D. CAREY
Panel Chair
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